Air Traffic Rights in Aviation

In the aviation industry, international flights are subject to the air traffic rights defined under agreements between states. An airline must obtain approval or permission from the relevant governments before operating a flight to or over another country. This requirement is regulated under the principle of sovereignty of airspace.

In the history of aviation, before World War II, the limited range of commercial aircraft and the fact that air transport networks were generally national meant that inter-country permission and approval were not as crucial. However, the rapidly developing aviation sector after the war required a legal framework to regulate international flights. Accordingly, the International Civil Aviation Organization (ICAO) was established at the International Civil Aviation Conference held in Chicago in 1944, and basic rules for the use of international airspace were defined.

Definition and Development of Air Traffic Rights

Air traffic rights were defined in the 1944 Chicago Convention and have been developed over time to reach the current nine air traffic rights. Initially, five air traffic rights were defined, but only the first two rights were accepted to be granted to all states through a multilateral agreement. Other traffic rights are typically regulated under bilateral Air Service Agreements (ASAs) between two states.

Air traffic rights are not automatically granted to an airline; rather, they are privileges that must be negotiated between states. Additionally, some states may use air traffic rights as a political leverage. For example, the fifth traffic right was recognized only to a limited extent in the 1946 agreement between the United States and the United Kingdom.

Air Traffic Rights and Their Definitions

Air traffic rights are rules that allow an airline to operate flights on a specific route. These rights are defined as follows:

• First Traffic Right (Transit Right)
• The right of an airline to fly through the airspace of another country without landing. Under this right, the flight passes over foreign airspace without any landing. With the end of the Cold War, the first traffic right has become widespread globally, although some countries, such as Russia, have restricted transit flights to certain carriers.
• Second Traffic Right (Technical Landing Right)
• The right of an airline to land in another country solely for technical purposes, such as refueling. This right does not cover commercial activities; only technical necessities or emergencies allow for a landing. This right was crucial for transatlantic flights in the early days, but it is not as critical today with the increased range of aircraft.
• Third Traffic Right (Passenger and Cargo Transport Right)
• The right of an airline to carry passengers, mail, and cargo for commercial purposes from its own country to another country. This right forms the foundation of international commercial air transport.
• Fourth Traffic Right (Right to Transport Passengers and Cargo Back)
• The right of an airline to carry passengers, mail, and cargo from a foreign country to its own country for commercial purposes.

The third and fourth air traffic rights are generally implemented through reciprocal agreements between two countries, granting equal rights to each other's carriers.

• Fifth Traffic Right (Intermediate Stop Right)
• The right of an airline to carry passengers, mail, and cargo between two foreign countries on a flight that originates or terminates in its own country.

For example, if a Turkish airline flies from Istanbul to Paris and also carries passengers from Paris to New York, this falls under the fifth traffic right. This right is divided into two categories:

• Intermediate Country Transport Right (the right to carry passengers, mail, and cargo to another country after picking them up in the intermediate country)
• Third Country Transport Right (the right to transport passengers, mail, and cargo from the intermediate country to another country)
• Sixth Traffic Right (Connecting Flight Right)
• The right of an airline to carry passengers, mail, and cargo between two foreign countries by using its own country as a transit point.

This right has facilitated the development of major hub airports. For example, airports in cities like Istanbul, Dubai, and Amsterdam frequently use this right.

• Seventh Traffic Right (Third Country Transport Right)
• The right of an airline to carry passengers, mail, and cargo between two foreign countries without landing in its own country.

For example, a French airline operating a flight from Rome to Madrid falls under this category.

• Eighth Traffic Right (Cabotage Right)
• The right of an airline to carry passengers, mail, and cargo between domestic points of a foreign country, on a flight that originates or ends in its own country.

For example, a Turkish airline flying from Istanbul to Berlin and then transporting passengers from Berlin to Frankfurt is an example of the eighth traffic right.

• Ninth Traffic Right (Full Cabotage Right)
• The right of an airline to operate domestic flights between two points within a foreign country.

This right is granted very rarely. For example, if a Spanish airline operates a domestic flight between Tokyo and Osaka, it falls under the ninth traffic right.

Legal Framework of Air Traffic Rights

Air traffic rights are determined through bilateral agreements between states and require special authorization for scheduled flights under Article 6 of the Chicago Convention. States recognize specific rights through Air Transport Agreements, which are granted to certain airlines and can be regulated with specific limitations.